One Bensonhurst Jury Says It Has Reached a Deadlock

By WILLIAM GLABERSON

Published: May 13, 1990

After four days of deliberations, the jurors considering the charges against Keith Mondello, one of the defendants in the Bensonhurst murder case, said yesterday that they were unable to reach a unanimous verdict on some of the charges.

But the judge in the case, Thaddeus E. Owens of State Supreme Court in Brooklyn, told the jurors to ''have a good night's sleep'' and resume negotiations today in the racially charged case.

Lawyers on both sides said the jury deadlock was not likely to result in a mistrial soon. Because of the seriousness of the charges, Mr. Mondello's lawyer, Stephen G. Murphy, said he thought Justice Owens would push the jurors to deliberate for several more days.

The impasse in the Mondello case came amid signs that the separate jury considering the charges against Mr. Mondello's co-defendant, Joseph Fama, was also having difficulty reaching a verdict. The Fama jurors asked for today day off.

Sleep Late and Start Again

Justice Owens denied the request but said both juries could sleep late today and begin deliberations at noon. The Mondello jury was allowed to retire from deliberations at 7 P.M. yesterday and the Fama jury at 7:15 P.M.

Mr. Mondello, 19 years old, is charged with being the leader of a group of some 40 whites who pursued Yusuf K. Hawkins and three black friends in the mostly white Brooklyn neighborhood of Bensonhurst the night of Aug. 23, 1989, when Mr. Hawkins, 16 years old, was shot to death.

Mr. Fama, 19, is charged with firing the fatal shots from a .32-caliber pistol.

When juries say they are deadlocked, judges commonly give them what is known as a ''dynamite'' charge, an admonition about the seriousness of jury duty and a request that panel members review the evidence again.

'We, the Jury Are Unable'

Justice Owens did not discuss giving the jurors such instructions yesterday. But he recessed the panel promptly after receiving the note just before 7 P.M.

The note said: ''We, the jury are unable to reach a unanimous verdict.''

In the fourth-floor courtroom, the judge asked the jury forewoman, Mimi Snowden, if the jury was deadlocked on all of the charges or some of them.

''Some of the things,'' Ms. Snowden replied.

At that point, the judge told the jurors to retire for the night, saying, ''Give it your best shot tomorrow.''

Mr. Mondello is charged with two counts of second-degree murder, two counts of manslaughter, and lesser charges.

Mr. Fama also faces two second-degree-murder counts but not the manslaughter counts.

Outside the courtroom, Mr. Murphy said he believed the note indicated that the jurors had decided to acquit Mr. Mondello on the murder charges but was deadlocked as they moved down the list of lesser charges.

James Kohler, the chief prosecutor, said he did not believe the impasse could be easily interpreted. Juries often deadlock temporarily, he said, adding, ''They sometimes work their way out of it.''

Tensions in the courtroom boiled last night after the Mondello jury retired. Mr. Fama's lawyer, David A. DePetris, told the judge he had some concerns about whether a juror's request for music tapes for entertainment should be granted.

Argument Over Music Tapes

Mr. DePetris asked that someone listen to the tapes to see if they contained any illicit ''messages'' from people about the case. Both juries in the case are sequestered.

In a lighthearted tone, the judge said that if the lawyer wanted the tapes heard, he could listen to them himself.

Mr. DePetris, who has had several hostile exchages with the judge during the monthlong trial, angrily replied, ''Everything is treated as a joke here.''

The judge then accused the defense lawyer of ''always making snide remarks'' and warned him that he would hold him in contempt if he made any more. ''Don't ever pull that on me as long as you live,'' the judge said.

Mr. DePetris said he had spot-checked the tapes in the courtroom after the jury was excused and had agreed they could be given to the juror.

Fama Jurors Ask to Go Bowling

Shortly before the Mondello jury sent out its note, the Fama jury made an unusual request.

The Fama jurors, who have sometimes appeared drained as they listened to testimony being read back, said in the note that they would ''greatly appreciate the day off'' today or the chance to sleep late this morning. The jurors also suggested in the note that they be allowed to ''go bowling for exercise and go to a movie.''

Justice Owens responded: ''The bad news is: You can't do any of those things, but I will let you sleep late.''